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PRACTICE NOTES
FORTHCOMING CHANGES: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Practice Note will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. This Practice Note examines claims for protective awards following an employer’s failure to comply with its collective redundancy consultation obligations under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). It covers who
PRACTICE NOTES
This Practice Note considers the right of an employee who has been given notice of termination of employment for redundancy to request from their employer a limited amount of paid time off work to seek alternative work or to arrange training or retraining, under section 52 of the Employment Rights Act 1996 (ERA 1996). An employee who has been given notice of dismissal for redundancy has a right, under ERA 1996, s 52, to request a limited period of time off work to make arrangements for their future. An employee does not have an absolute right to the time off work, however they have a right not to be unreasonably refused it if they have requested it. If such an employee is given time off work, they are entitled to a proportion of their normal weekly pay for the time taken. Entitlement to time off The requirements for the right to request time off are similar (but not identical) to the requirements for entitlement to a redundancy payment (see Practice Note: Entitlement
NEWS
Law360: HM Treasury will work to direct pensions investment to British businesses, create a national wealth fund and conduct a fiscal review into government finances, Rachel Reeves said in her first public speech as chancellor on Monday.
GLOSSARY
A letter from a former employer to a prospective employer which provides information about an employee's employment with the former employee.
GLOSSARY
The standard terms and conditions for access services offered by communications providers (usually an SMP (significant market power) operator, required to publish a RAO for regulated services by its national regulatory authority (NRA)).
GLOSSARY
One of a range of accidents at a nuclear reactor or other nuclear installation that can reasonably be foreseen in safety analysis as giving rise to the most significant release of radionuclides from the site.
NEWS
Public Law analysis: The Grand Chamber of the Court of Justice ruled, following a preliminary reference from the Supreme Court of Ireland, on the role of an EU Member State court in executing an arrest warrant from the UK. The Court of Justice remarked on the nature of the EU-UK relationship post-Brexit, as well as the obligation on EU Member State authorities of independently verifying compliance with the EU Charter of Fundamental Rights (the ‘Charter’), even when the equivalent ECHR right has been deemed not breached. The Court of Justice held that the EU Member State court must independently examine the risk of breach of the Charter before deciding on execution of the arrest warrant, even where the matter has been determined to not be in breach of Article 7 ECHR; which may involve requesting additional information and guarantees from the issuing judicial authority, as well as objective, reliable, specific and updated information, and should refuse such a request where it has a real risk of change to the actual scope of the penalty, which would go against the principle of legality. Written by William Moody, barrister at Henderson Chambers.
GLOSSARY
The standard terms and conditions for interconnection offered by communications providers (usually an SMP (significant market power) operator, required to publish a RIO by its national regulatory authority (NRA)).
GLOSSARY
Theoretical scheme against which the benefits of a COSR scheme are compared to ensure that the COSR scheme provides the benefits that are at least equal to the reference scheme in order to remain contracted out after 5 April 1997.
PRACTICE NOTES
This Practice Note examines the statutory procedure through which trade unions may seek compulsory recognition for the purpose of collective bargaining, and the process of referral to the Central Arbitration Committee (CAC) where an employer refuses to recognise a union or negotiations fail. It considers the rules of admissibility and validity as well as the procedure to be followed in the case of competing applications. In particular, it looks at the agreement of an appropriate bargaining unit, majority support and the use of ballots and the agreement of an appropriate bargaining method. A statutory procedure by which trade unions may seek compulsory statutory recognition by an employer, for the purpose of collective bargaining, is available in certain specified circumstances. The process is complex. It is commenced by the union making a request to the employer for recognition for collective bargaining in respect of a proposed bargaining unit of workers (see Practice Note: Trade union recognition—Initial request procedure for statutory recognition). The aim of the initial request procedure is to enable and encourage the employer and union
NEWS
Commission Implementing Decision (EU) 2026/2274 of 12 October 2026 on the harmonised standards for high-risk AI systems drafted in support of Regulation (EU) 2024/1689 (EU AI Act) has been published in the Official Journal of the EU.
PRACTICE NOTES
ARCHIVED: The UK's departure from the EU means that it is no longer possible for the UK court’s to make a reference to the Court of Justice. References were previously made under old Part 68 and the old associated practice direction, both were revoked on IP completion day (31 December 2020 at 11 pm). The old Part 68 and old practice direction 68 are accessible here: For guidance, see: • Practice Note: Brexit post implementation period—CPR changes [Archived] including, in particular, main section: Part 68—References to the European Court. • News Analysis: Brexit next steps: The Court of Justice of the European Union and the UK Definitions and rules Rules This Practice Note makes reference to the following: • Rules of Procedure of the Court of Justice—referred to in this Practice Note as Rules of Procedure • Court of Justice practice directions to the parties concerning cases brought before the court—referred to in this Practice Note as Court of Justice practice directions • Court of Justice practice directions